To All Applicants of the Miami County Municipal Court Diversion Program
You have been referred by the prosecutor to apply for admission into a diversion program operated by the Miami County Municipal Court Services Department. The following correspondence is a description of the process of application and investigation of your eligibility for the diversion program. It also explains the program admission process and the process you will take if denied admission into a program.
Application to a Diversion Program
You will receive an application packet from the Court Services Department located on the second floor of the Courthouse at 215 West Main Street, Troy, Ohio. All persons referred for application to a diversion program must complete a packet, in person, on the day referred by the prosecutor. The Court Services Department will not mail applications or allow an attorney to pick up an application for you.
All applications are to be truthful and fully completed by the person who is being referred. As part of the application process, your picture may be taken for future court reference. Any person failing to file a completed application with the Court Services Department, on the day of referral, will automatically be denied admission into the program and the case will be sent back to court for further proceedings.
Investigation of Eligibility to a Diversion Program
You should be advised that an investigation of eligibility for admission into a diversion program will be conducted by the Court Services Department. As part of this investigation, a review of the offense and a criminal / traffic history will be conducted. The recommendation, accepted or denied, will be forwarded to the Prosecutor and to the Court.
You will be denied admission into the diversion program if you have been convicted of a any prior, or subsequent case. You will also be denied if you have had prior participation in any diversion program, or if your score on the investigative format exceeds the limits set by the court.
Admission to a Diversion Program
If you are found to be an applicable candidate for the diversion program, the court will notify you of your acceptance by mail. You must inform the court of any address change to ensure you receive your notice. If represented by an attorney, he/she will also receive notice of your acceptance and the date and time you are to appear in court to enter the diversion program.
This is not an invitation; it is a summons to appear in court. You must appear in court to enter the diversion program on the date and time specified. You must have the program fee, administrative fee, and court costs at that time.
At this hearing you will sign a conditional no contest plea to the charge for which you are entering the diversion program. You will pay the program provider the program fee and be scheduled for diversion programming. You will then appear before the judge where he/she will ensure you understand the process of the proceedings, and if so, accept your conditional no contest plea. You will then be responsible to go to the Clerk of Court Office to pay the court cost for your case.
On this date, the diversion program begins and continues for 12 months. You must fully comply with all requirements of the program within this 12-month time frame. Also, you cannot be convicted of any serious criminal offense during this time. If you have met all of these requirements, and the 12-month time frame has elapsed, your case will be terminated successful.
Denial of Admission to a Diversion Program
If you are found ineligible for admission into the diversion program for which you applied, you will receive notification of denial by mail. This notification will also give a date and time to appear in court for a second pre-trial conference. This is not an invitation; it is a summons to appear in court. Also, if represented, your attorney will be advised of your denial and your next court date.